NEWS

Christmas billboard lands 'Super Crew' in hot water

Spencer Remoquillo
Reporter

LANCASTER - An unauthorized billboard with a "Merry Christmas" message has led to the discipline of nearly one-third of the Lancaster Fire Department and exposed a long-simmering feud.

Seventeen firefighters were reprimanded from Lancaster fire's Crew 3, and a retired fire captain was banned from city firehouses, after they posed for a billboard picture on a fire truck on city time during the holiday season. Crew 3 is one of three day-long shifts for the Lancaster Fire Department.

Firefighters paid for the billboard out of their own pockets when they decided instead of exchanging gifts last year they would show crew pride with a "Merry Christmas" message to the city of Lancaster.

That holiday message was either well intended, or it wasn't. It depends on who you ask.

The billboard was put up Nov. 30 on Memorial Drive across from the Plaza shopping center. It was only up for a few days when Lancaster Law Director and City Prosecutor Randall Ullom saw the sign, its religious message and determined it was in violation of city rules and policies. The billboard was removed Dec.15.

In a letter to Fire Chief Dave Ward, Ullom said the holiday message is a "civil liability for the city" as it expresses religious favoritism or partiality. Ward was on vacation when he said Ullom first saw the sign.

The firefighters also failed to obtain permission from the fire administration to take the picture at Engine House 1 while on city time or to use city property, which Ward and other city officials said was the largest problem.

"We have to take this seriously," Ward said. "This is the city's money."

In January, an investigation was launched into the billboard and its intent by Assistant Fire Chief Jack Mattlin at the request of Ullom and Ward.

"It was the goal of the investigation to determine if the billboard had a malicious intent, if the participants were willing or ordered/pressured to participate," Mattlin said in a report of his findings.

Why would a picture of Crew 3 and a retired captain wishing a "Merry Christmas" be construed as malicious? That's where the feud comes in.

'Super Crew 3'

Pictured in DC Comics' Superman T-shirts and fire uniforms, 18 people posed for the holiday billboard, including retired Crew 3 Capt. Tom Dempsey.

Everyone pictured was disciplined, ranging from a written reprimand up to 48 hours suspension without pay and a 12-month probationary period. Dempsey, who retired two years ago after 33 years with the department and 14 years as fire captain of Crew 3, believes he was also disciplined, but in a different way.

On Jan. 12, Interim Service Safety Director Paul Martin sent Dempsey a letter explaining Dempsey was banned from all Lancaster fire stations and that if he failed to comply, he could face criminal prosecution.

"Your presence at the Lancaster Fire Department facilities compromises the mission of that department and its ability to operate in a safe, efficient and professional manner," Martin's letter states.

Martin told the Eagle-Gazette he may review that restriction in a year once the firefighters' probationary period is lifted but declined to say anything further about why Dempsey was banned.  Ward also said he would not comment on anything related to Dempsey.

City officials' and Ward's reaction to the billboard, Dempsey said, was directly related to his and Crew 3's personality conflicts with Ward, not the rules they claim were broken. However, one firefighter, who spoke on condition of anonymity due to the possibility of further punishment for discussing the billboard, said most of the firefighters admit they broke the city's rules when they failed to ask for permission in the first place.

On Thursday, Ward denied the discipline was handed down because he felt undermined by the sign. Instead, he said the sign was clearly in violation of the department's policies and procedures. Ward did say he has "had issues" with Crew 3 in the past because of changes he has made since he became fire chief four years ago.

Ward said he would rather have a united front, than appear divided into three crews. Some Crew 3 members, Ward said, have had trouble adopting cultural changes he has implemented, but he would not say specifically what changes he has made except that they are rules and code of conduct changes affecting fire stations across the U.S.

The nickname "Super Crew 3," has been around for more than 50 years. It was created when the fire chief at the time held a competition between all three crews. For Crew 3, that nickname lived on, along with the Superman emblem.

"Each crew is somewhat competitive against another crew ... Your crew is the best. It's just a rivalry," Dempsey said.

Dempsey said Ward specifically had problems with him, but he thought that was over since he no longer works for the department and has only visited the fire station five or six times since his retirement. The firefighter told the Eagle-Gazette the disagreement between the chief and Dempsey also extends to some Crew 3 members. The firefighter thinks Ward took the billboard personally when he saw the unauthorized billboard with their retired captain.

The firefighter said some did question whether Ward would like it, but they moved forward anyway.

When Mattlin interviewed Crew 3 members, they said their intent was good-natured.

"All that participated thought this would be a good way to say thanks to the citizens as well as encourage some crew rivalry," Mattlin's report said. "None that participated thought they had broken any rules, regulations, codes or policies ... No person interviewed admitted to doing the billboard with the intent of getting back at the chief or a malicious intent of any kind."

Mattlin said it was also clear that many of the firefighters did not know the department's rules or policies. No other Crew 3 firefighters would speak to the Eagle-Gazette.

Dempsey, who is no longer bound to the city's rules, said he had no part in the billboard plan, except being asked to take a photo with them. He said he was honored that they had asked but now wishes he would've stayed home that day.

Union involvement 

The punishment could have been much worse.

Initially, the firefighter speaking anonymously said Ward had plans to fire Capt. Larry Moore, demote three lieutenants and fire a new probationary firefighter, who is not protected by the union and is considered an at-will employee for one year.

"The chief had the paperwork ready to go that he was going to fire (the probationary employee) that Friday," the firefighter said.

Union President Terry Bowers negotiated the discipline down to suspended time for the officers and a written reprimand for the rest involved.

Bowers said the decision was "fair and equitable," and after talking with the chief, was able to "leverage" the probationary employee's job if the rest of the firefighters signed their disciplinary settlements. Bowers spent six hours talking to the firefighters about the agreement, its fairness and the added bonus that if they signed, the probationary employee could keep his job.

The firefighter said the probationary employee was no more than an "innocent bystander" and that weighed heavily on their decision to sign.

"We almost felt like we were coerced into doing it," the firefighter said of signing the agreement. "We really didn't think it would go this far. We had no idea this would happen."

Regardless of the personality conflicts, Pam Krivda, a Columbus attorney with more than 20 years experience as a management/labor lawyer, said generally in situations like this, the employees should face discipline.

The Eagle-Gazette contacted Krivda to weigh in on the issue with a brief knowledge of the billboard and its outcome, but without in-depth knowledge of the firefighters' contracts and the disciplinary actions/negotiations.

When asked if the punishment fit the crime, Krivda said it did.

"The whole thing is made murky in our minds because the message is 'Merry Christmas,'" Krivda said.

In addition to the resolution, Krivda said the union president offering his opinion of the disciplinary agreement was "perfectly legitimate."

Martin, who was also involved in the negotiations, said he believed the punishment was fair and it was clear the crew had broken rules. If the billboard proof had come across his desk, he said he would've likely approved some version of it, but not the one that was posted.

"I think it's a good thing that the city show appreciation to the residents, but in this day in time, we have to make sure everything is done appropriately following our guidelines," Martin explained, adding that he personally says "Merry Christmas," but legally this message cannot be conveyed by the city.

Martin said he would've liked the opportunity to "approve (the billboard) or improve it," but city officials were never given that chance.

While the firefighter realizes the punishment could have been worse, he thinks it was taken too far.

"I still think it was overkill, but I'm biased," the firefighter said. "We probably deserved something, but I think (Ward) thought it was an attack on him and it wasn't."

As a result of the billboard, the firefighter said Ward is moving some of them out of Crew 3. This change, he said, may be the hardest punishment to take.

sremoquill@lancastereaglegazette.com

740-681-4342

Twitter: @SpencerRemo

Disciplinary measures

Capt. Larry Moore: suspended without pay for 48 hours and serve 12-month probationary period

Lts. David Medaugh, Slade Schultz and Steve Burton: suspended without pay for 24 hours and serve 12-month probationary period

13 firefighters received written reprimands: Rich Rhodes, Gary Hatch, Matt Dawson, David Fouch, Rusty Conrad, Rich Charles, Nick Irvin, Ralph A. Conrad, Josh Harris, Nathan Sharp, Kevin Nagle, Jordan Hatem and Luke Smiley